South Australian Current Acts South Australian Current Acts20—Variation, cancellation and suspension of licences
(1) The Registrar may,
on the Registrar's own initiative or on application, vary a firearms licence
at any time—
(a) by
varying the firearms to which the licence relates (but subject to the
limitations and conditions prescribed by or under this Act); or
(b) by
imposing a limitation or condition of the licence or varying or revoking a
limitation or condition of the licence (other than a limitation or condition
prescribed by or under this Act); or
(c) by
varying, revoking or adding a purpose for which a firearm may be possessed
under the licence.
(2) An application for
variation of a licence—
(a) must
be made to the Registrar in the manner and form approved by the Registrar; and
(b) must
be accompanied by any documents required under this Act or by the Registrar;
and
(c) must
be accompanied by the application fee prescribed by the regulations.
(3) If an application
for variation of a licence concerns the category of firearms to which the
licence relates or the purpose for which the applicant may possess firearms,
the Registrar may require the applicant to proceed instead by way of
application for a licence under section 14.
(4) The variation of a
licence during the term of the licence does not operate until the Registrar
has given the licensee (either personally or by registered post) written
notice of the variation.
(5) If the Registrar
is considering variation of a licence, the Registrar may require the licensee
to furnish any information the Registrar requires for the purpose.
(6) The Registrar may,
by written notice served personally or by registered post on the licensee,
cancel a firearms licence—
(a) if
satisfied that the licensee obtained the licence improperly; or
(b) if
satisfied that the licensee has not used a firearm for the purpose authorised
by the licence; or
(c) if
satisfied that the licensee has failed to comply with or satisfy the
requirements of this Act or the conditions of the licence; or
(d) on
any ground on which the Registrar might refuse an application by the licensee
for such a licence.
(7) The Registrar
must, by written notice served personally or by registered post on the
licensee, cancel a firearms licence if the licensee is found guilty of an
offence prescribed by the regulations for the purposes of section 15(5)
committed after the commencement of this subsection.
(8) The Registrar may,
by written notice served personally or by registered post on a licensee,
suspend the licence pending an investigation as to whether grounds exist for
action against the licensee.
(9) If grounds exist
for cancelling a licence (other than the grounds referred to in
subsection (7)), the Registrar may instead, by written notice served
personally or by registered post on the licensee, limit the firearms that may
be possessed or used by the licensee under the licence.
(10) A notice served
on a licensee varying or cancelling the licence under this section must set
out the Registrar's reasons for the action.
(11)
Subsection (10) does not apply in relation to the variation or
cancellation of a licence on application.
(12) If the Registrar
varies or cancels a licence under this section and made the decision because
of information that is classified by the Registrar as criminal intelligence,
the Registrar is not required to give any reasons for the Registrar's decision
other than that the decision was made on public interest grounds under this
section.
(13) The Registrar
may, on the application of a licensee, cancel the licence.
(14) The Registrar
may, on his or her own initiative or on application by a person whose licence
is suspended, revoke the suspension.
(a) a
licence held by a person has been cancelled or suspended and the person was
authorised by the licence to use a firearm—
(i)
as a member of a recognised firearms club; or
(ii)
in the course of his or her employment; or
(b) a
licence held by a person has been varied and, as a result, the person is no
longer authorised to use a firearm—
(i)
as a member of a recognised firearms club; or
(ii)
in the course of his or her employment,
the Registrar must, after serving notice under subsection (16), inform
the club or the person's employer (or both) of the cancellation, suspension or
variation of the licence.
(16) The Registrar
must serve notice on the holder or former holder of a licence that the
Registrar intends to inform the person's club or employer (or both) of the
cancellation, suspension or variation of the licence.
(17) The Registrar is
not subject to any civil or criminal liability in respect of action taken by
the Registrar under subsection (15).